A crime in
which the defendant intentionally selects a victim because of the actual or
perceived race, color, national origin, ethnicity, gender, gender expression
or identity, disability, or sexual orientation of any person.

Hate
Crimes & Our Society

Violent crime
has been declining throughout the United States in recent years, yet hate
crimes against LGBT people continue to rise. In 1997, at least 18 lives were
lost as a result of anti-LGBT violence. There were a total of 1,375 reported
violent crimes against LGBT individuals. Further the societal costs of hate
crimes, in terms of self-esteem, productivity, and public expense, are incalculable.

Hate
Crimes & Their Impact

Hate crimes
send a message that certain groups of us are not welcome and unsafe in a particular
community. As a result, studies indicate that hate crimes appear to have more
serious psychological effects on the victims and the communities they represent
than do other crimes. Research indicates that victims of hate crimes often
link their vulnerability to their personal, cultural, or spiritual identity.
The result is that victims of hate crimes often suffer greater emotional trauma
than other crime victims.

The
Hate Crimes Prevention Act (HCPA)would strengthen
the ability of the Justice Department to prosecute hate crimes based on race,
color, national origin, and religion and give the Department the power to
prosecute certain hate crimes committed because of the victim's sexual orientation,
gender, or disability.

Current
Federal Law Does not Include Sexual Orientation

Currently,
hate crimes are prosecuted under § 245 of Title 18 of the U.S. Code. Section
245 protects individuals from violence only on the basis of race, religion,
national origin, and color. This law does not protect individuals on the basis
of gender, sexual orientation or disability.

Federal
Laws Do Not Go Far Enough

Section 245
of Title 18 of the US Code only permits federal prosecution of hate crimes
for intentional interference with the enjoyment of a federal right or benefit,
such as voting. Thus, when the government prosecutes a hate crimes offender,
it must prove that the crime occurred (1) because the victim was enjoying
a federally protected activity, and (2) because of the victim's membership
in a particular group. This is a difficult burden which has prevented investigation
and prosecution of numerous hate crimes. In fact, since 1969 there have never
been more than 10 indictments brought under § 245 in any given year. In contrast
the proposed legislation, the HCPA, would completely remove the first requirement
and expand the second requirement to include the categories of sexual orientation,
gender and disability.

The only
other federal law in existence which addresses prosecution of hate crimes
against LGBT people is the Hate Crimes Sentencing Enhancement Act (Sec. 28003
of the Violent Crime Control Act and Law Enforcement Act of 1994). This Act
increases the sentence an offender receives, on average, by one-third, for
crimes which are proven beyond a reasonable doubt to manifest prejudice against
a member of a protected class. However, federal law enforcement agencies do
not have jurisdiction over these anti-LGBT hate crimes unless the occur on
federal property, such as a national park. Without jurisdiction they cannot
investigate and prosecute those committing anti-gay crimes.

*The
Texas statute refers to victims selected "because of the defendant's
bias or prejudice against a person or group," and the Utah statute
ties penalties for hate crimes to violation of the victim's constitutional
or civil rights.

"All Americans
deserve protection from hate. Nothing is more important to our country's future
than our standing together against intolerance, prejudice and violent bigotry.
Congress can give power to such shared values by passing the Hate Crimes Prevention
Act. In so doing, all Americans can be more safe and secure."

President
Bill Clinton (March 5, 1999)

"As state
attorneys general, we are writing to express our enthusiastic support for
the passage of Senate Bill No. 1529, the Hate Crimes Prevention Act of 1998…
The amendment to 18 U.S.C. Section 245 would provide invaluable tools for
the United States Department of Justice and United States Attorneys to combat
hate crimes effectively. Therefore, we strongly urge passage of this important
hate crime legislation."

22 State Attorneys General (March 5, 1998)

"Hate crimes
are perpetrated against a group of people, not an individual… It is a form
of domestic terrorism. On behalf of my family, I call on the Congress of the
United States to pass this legislation right away. There is no guarantee that
these laws will stop hate crimes from happening. But they can reduce them…
They can help change the climate in this country, where some people feel it
is okay to target specific groups of people and get away with it."

Matthew Shepard's Mother Judy Shepard (March 23, 1999)

Statement
from the President of the AFL-CIO

For Immediate
Release

For more
information:
Denise Mitchell
831/647-2170
or
202/637-5018

Statement
by John J. Sweeney President, AFL-CIO
on the
Hate Crimes Prevention Act
October
12, 1998

Our nation
was horrified earlier this year by the murder of James Byrd, an African American
man who was chained to his pickup truck and dragged to his death in Texas.
Now we are reminded that hate crimes have no permanent address by the slaughter
of Matthew Shepard, a white, gay student at the University of Wyoming.

The 40 million
members of AFL-CIO union households in this country are outraged by these
cold-blooded killings, which appear to be based solely on the color of one
man's skin and the sexual orientation of another. We condemn the crimes, as
well as the criminals who committed them.

But words
are not in and of themselves an appropriate response to these heinous acts
and others like them which seem to be increasing in numbers and in savagery
- we must demand that the United States Congress act promptly to pass the
Hate Crimes Prevention Act (HCPA).

This Act
would expand the existing hate crimes law to cover victims who were not engaged
in federally protected activity such as voting or going to school, and would
extend protection to those attacked on the basis of gender, sexual orientation,
or disability. Congress should pass this law immediately to help prevent further
tragedies from occurring.

Hate
Crimes: Target our Communities

Of the 7,947
hate crime incidents reported to the FBI in 1995, sixty percent - 4,831- were
motivated by race. Of these, 2,988 were anti-black, 1,226 were anti-white,
355 were directed against Asian-Americans or Pacific Islanders, 221 were directed
against multi-racial groups, and 41 were directed against Native Americans
or Alaskan Natives.

Second to
racially motivated hate crimes were hate crimes motivated by religious bigotry
- 1,277 incidents in 1995. Of these, 1,058 - approximately 82% - were directed
against Jews.

The third
major category of hate crimes, accounting for 1,019 incidents in 1995, was
motivated by animus against the victims' sexual orientation. Of these, 735
were directed against male homosexuals and 146 against lesbians.

Little or
no documentation exists on hate crimes against women or transgender people
because they are women or transgender, but women and transgender people of
all races and ethnic groups, and all social classes are indeed targets of
hate crimes.

Tougher
Laws are needed to ensure Justice

When Americans
are assaulted merely because of their real or perceived sexual orientation,
gender, or disability, the law should be as tough on their assailants as it
currently is tough on criminals who attack based on racial, religious, or
ethnic bias. Yet only in rare circumstances can the federal government investigate
and prosecute hate violence against gays, lesbians, or bisexuals.

The Hate
Crimes Prevention Act (HCPA) would amend current federal law to include real
or perceived sexual orientation, gender, and disability so the FBI would be
able to investigate and prosecute violent hate crimes against gays, lesbians,
and bisexuals. Current law already allows investigation and prosecution on
the basis of race, religion, national origin and color.

Anti-LGBT
hate crimes are on the rise

Hate crimes
committed against gays, lesbians, and bisexuals make up the third-highest
category of hate crimes reported to the FBI, currently representing almost
14% of all hate crimes reported.

The National
Coalition of Anti-Violence Programs (NCAVP), an umbrella organization for
local groups that monitor anti-gay violence, reported that while violent crime
continues to decrease nationally, the number of actual or suspected anti-gay
murders in reporting cities, states and regions was 33 in 1998, up from 14
a year before.

Current
state laws are inadequate

Only 22 states
and the District of Columbia include sexual orientation-based crimes in their
hate crimes statutes. Because the majority of states don't have laws protecting
all Americans, the Federal government needs to have jurisdiction to allow
local, state, and federal authorities the opportunity to work together to
ensure that justice is achieved in every case.

The
HCPA would amend Section 245 of Title 18 U.S.C., one of the primary statutes
used to combat racial and religious hate violence. It would:

1)
Provide new authority for federal officials to investigate and prosecute cases
in which the hate violence occurs because of the victim's real or perceived
sexual orientation, gender, or disability;

and,

2)
Remove the overly-restricted obstacles to prosecution by eliminating the current
proof requirement that the victim was attacked because he or she was engaged
in a federally-protected activity, such as going to vote.

Taking
Action Against Hate Crimes!

Call
and write

your
Senators at (202) 224-3121 and ask them to vote for the Kennedy-Leahy-Schumer-G.
Smith-Wyden Hate Crimes Amendment and to become a cosponsor of the HCPA
if they are not one already.

your
Representative at (202) 224-3121or
http://www.house.gov/writerep/and ask them to
vote for hate crimes legislation and to become a cosponsor of the HCPA if
they are not one already.

your
local law enforcement authorityand ask them to provide diversity
and sensitivity training in an effort to provide better treatment towards
victims of hate crimes who often end up feeling victimized by law enforcement
as well.

your
union leadersand ask them to
speak out against all hate crimes and to dedicate energies and resources
to the struggle for eliminating hate crimes including passing legislation
like HCPA.

your
local newspaper and ask the people in your community to speak
out against all hate crimes and to dedicate energies and resources to the
struggle for eliminating hate crimes including passing legislation like
HCPA.

your
union newsletter and
ask the members of your union to speak out against all hate crimes and to
dedicate energies and resources to the struggle for eliminating hate crimes
including passing legislation like HCPA.

Initiate:and/or intensify efforts to promote respect for diversity and to expose
intolerance, hate speech, and bigotry throughout your community (i.e. church,
family, school, and clubs).

Organize:
and/or participate in demonstrations, marches, and vigils in response to
hate crimes.

Join
Pride At Work:and support our
coalition work and mobilization efforts.